What to do if a family member has been filmed at work having seizures and a the co-worker is now showing this to everyone at work?
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What to do if a family member has been filmed at work having seizures and a the co-worker is now showing this to everyone at work?
A cousin of mine is working for a fast food chain and is trying to stop drinking. She is
experiencing seizures during this process. A co-worker used her cell to film one of her
episodes and now makes fun of her by showing the footage to other co-workers. She has
told management of the situation but nothing is being done to negate the situation. My
question is does she have any legal recourse against her co-worker or the restaurant chain?
Asked on August 2, 2016 under Employment Labor Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
IF your family member is actually an alchoholic (i.e. has been diagnosed), then she may have a claim for disability-related employment harassment or discrimination. Alcholism is a disability; co-workers may not harass or discriminate against you due to a disability; if disability-related harassment is reported to management or HR and the company does not take action to stop it, their inaction in the face of a complaint can make them liable for employment discrimination.
So if the family member is a diagnosed alcoholic and has made management aware of her situation and they are doing nothing, then she should contact the federal EEOC or her state equal/civil rights agency to file a complaint, and/or consult with an employment law attorney about possibly suing.
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